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Dear friends,
I desperately need some advice on what my course of action should be for
this situation, in short the landlord demanded $75 extra rent this month on
the date rent was due. I refused to pay extra rent without notice and told
him to return my deposit , so I could move out on the same day. He refused
to return it and changed his story to say that the money was for cleaning
the house, yard, lawn etc which I was apparently reponsible for. (A lie). I
decided not to vacate and not to pay the rent until he agreed to return my
deposit , and so now he says he is going to evict me. There was no lease
signed, but an oral agreement made with a $475 deposit, for which he gave me
a receipt.
Heres the full story:
I am recently out of college, a honest law abiding person, and joined an
internship for 2 months in northern virginia. In desperation and due to lack
of time to find accomodation I moved in this handicapped, unemployed
person's house who had a tiny room for $475 a month for 2 months. Mar to May
on an oral agreement , though he showed me a copy of the lease, but never
had me sign it. At the end of two months my internship was extended for 1
more month and I continued to stay with him, even though he had made my life
miserable in my time there. I left at 10am and returned at 1 in the night
from work , and never ever saw him , but he still had complaints and
arguments with me when I came home tired, for no reason. I ignored him
because I was only going to be there for a short time and never during the
day. But when he decided to extort money from me, I decided to stand up for
myself and refused. I have packed my stuff but he refused to return my
deposit claiming that he needs a 30 day notice before move out and will keep
my deposit. I suspect he doesn't even have the money to return it, because
he is poor. So I decided to not move out to make the deposit count for rent.
Now he says he will file an eviction notice with the sheriff and has given
me a 5 day notice to cure, to pay $475 + $75 + $50 late fee.
If you think he is retarded, you are right, but I am afraid that the law is
supposed to favor the landlord and I will lose my money. I dont have the
money to afford a lawyer and I am afraid to get a court case against me in
the records, at the start of my career. Can you tell me how badly it will
affect my future prospects/credit etc, because I always find forms which
have a field
"list any court cases, except traffic violations"
I know that since there was no lease, I dont have to pay him rent for this
month because he raised it and so I can move out. But he says that I cannot
move out without 30 day notice, forcing me to pay what he demands. The
initial agreement being for two months only, I can claim that I am eligible
to move out now. And I will be leaving the US in 30 days anyway to go back
to my home country and plan to stay with a friend until then.
I dont think he has a case, but ya'll know how it will be costlier to goto
court. But I dont want him to get away with this either. Who can decide or
mediate on his claim of a ridiculous $75 charge for cleaning and other lies,
and what is one supposed to do if the landlord takes a random cut on your
deposit which you know is without basis?
Please please tell me what I should do :(
Sleepless in VA
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Dear friends,
I desperately need some advice on what my course of action should be
for
this situation, in short the landlord demanded $75 extra rent this
month on
the date rent was due. I refused to pay extra rent without notice
and told
him to return my deposit , so I could move out on the same day. He
refused
to return it and changed his story to say that the money was for
cleaning
the house, yard, lawn etc which I was apparently reponsible for. (A
lie). I
decided not to vacate and not to pay the rent until he agreed to
return my
deposit , and so now he says he is going to evict me. There was no
lease
signed, but an oral agreement made with a $475 deposit, for which he
gave me
a receipt.
Heres the full story:
I am recently out of college, a honest law abiding person, and
joined an
internship for 2 months in northern virginia. In desperation and due
to lack
of time to find accomodation I moved in this handicapped, unemployed
person's house who had a tiny room for $475 a month for 2 months.
Mar to May
on an oral agreement , though he showed me a copy of the lease, but
never
had me sign it. At the end of two months my internship was extended
for 1
more month and I continued to stay with him, even though he had made
my life
miserable in my time there. I left at 10am and returned at 1 in the
night
from work , and never ever saw him , but he still had complaints and
arguments with me when I came home tired, for no reason. I ignored
him
because I was only going to be there for a short time and never
during the
day. But when he decided to extort money from me, I decided to stand
up for
myself and refused. I have packed my stuff but he refused to return
my
deposit claiming that he needs a 30 day notice before move out and
will keep
my deposit. I suspect he doesn't even have the money to return it,
because
he is poor. So I decided to not move out to make the deposit count
for rent.
Now he says he will file an eviction notice with the sheriff and has
given
me a 5 day notice to cure, to pay $475 + $75 + $50 late fee.
If you think he is retarded, you are right, but I am afraid that the
law is
supposed to favor the landlord and I will lose my money. I dont have
the
money to afford a lawyer and I am afraid to get a court case against
me in
the records, at the start of my career. Can you tell me how badly it
will
affect my future prospects/credit etc, because I always find forms
which
have a field
"list any court cases, except traffic violations"
I know that since there was no lease, I dont have to pay him rent
for this
month because he raised it and so I can move out. But he says that I
cannot
move out without 30 day notice, forcing me to pay what he demands.
The
initial agreement being for two months only, I can claim that I am
eligible
to move out now. And I will be leaving the US in 30 days anyway to
go back
to my home country and plan to stay with a friend until then.
I dont think he has a case, but ya'll know how it will be costlier
to goto
court. But I dont want him to get away with this either. Who can
decide or
mediate on his claim of a ridiculous $75 charge for cleaning and
other lies,
and what is one supposed to do if the landlord takes a random cut on
your
deposit which you know is without basis?
Please please tell me what I should do :(
Sleepless in VA
The landlord does not have to give you back the deposit while you are
still living there. After you leave, the landlord has some number of
days to send you whatever part of the deposit he doesn't use for
repairs of damages and for non-paid rent. I don't know what the
number of days is in Virginia. You did not have the right to stop
paying rent.
Since you didn't pay the rent for June, the landlord has the right to
start an eviction proceeding. In my state, and maybe in Virginia, the
Three Day Notice to Pay Rent or Quit must state the correct amount
due. The amount you owe is $474, not $475+75+50. So the notice is
wrong and it's possible you could fight the eviction and win. If the
landlord uses a Thirty Day Notice, then it doesn't matter if the
amount demanded is right. But even if you win, all you win is the
right to stay another month and you would owe another month's rent.
You can move out any time. But you owe rent through the date which is
30 days after you give notice of termination of the tenancy. In some
states, that notice doesn't count unless it is in writing.
So maybe you'll decide that the best move is to move out as soon as
possible, kiss goodbye your deposit, and maybe the landlord won't sue
for back rent.
McGyver
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Dear friends,
I desperately need some advice on what my course of action should be for
this situation, in short the landlord demanded $75 extra rent this month
on
the date rent was due. I refused to pay extra rent without notice and told
him to return my deposit , so I could move out on the same day. He refused
to return it and changed his story to say that the money was for cleaning
the house, yard, lawn etc which I was apparently reponsible for. (A lie).
I
decided not to vacate and not to pay the rent until he agreed to return my
deposit , and so now he says he is going to evict me. There was no lease
signed, but an oral agreement made with a $475 deposit, for which he gave
me
a receipt.
Heres the full story:
I am recently out of college, a honest law abiding person, and joined an
internship for 2 months in northern virginia. In desperation and due to
lack
of time to find accomodation I moved in this handicapped, unemployed
person's house who had a tiny room for $475 a month for 2 months. Mar to
May
on an oral agreement , though he showed me a copy of the lease, but never
had me sign it. At the end of two months my internship was extended for 1
more month and I continued to stay with him, even though he had made my
life
miserable in my time there. I left at 10am and returned at 1 in the night
from work , and never ever saw him , but he still had complaints and
arguments with me when I came home tired, for no reason. I ignored him
because I was only going to be there for a short time and never during the
day. But when he decided to extort money from me, I decided to stand up
for
myself and refused. I have packed my stuff but he refused to return my
deposit claiming that he needs a 30 day notice before move out and will
keep
my deposit. I suspect he doesn't even have the money to return it, because
he is poor. So I decided to not move out to make the deposit count for
rent.
Now he says he will file an eviction notice with the sheriff and has given
me a 5 day notice to cure, to pay $475 + $75 + $50 late fee.
If you think he is retarded, you are right, but I am afraid that the law
is
supposed to favor the landlord and I will lose my money. I dont have the
money to afford a lawyer and I am afraid to get a court case against me in
the records, at the start of my career. Can you tell me how badly it will
affect my future prospects/credit etc, because I always find forms which
have a field
"list any court cases, except traffic violations"
I know that since there was no lease, I dont have to pay him rent for this
month because he raised it and so I can move out. But he says that I
cannot
move out without 30 day notice, forcing me to pay what he demands. The
initial agreement being for two months only, I can claim that I am
eligible
to move out now. And I will be leaving the US in 30 days anyway to go back
to my home country and plan to stay with a friend until then.
I dont think he has a case, but ya'll know how it will be costlier to goto
court. But I dont want him to get away with this either. Who can decide or
mediate on his claim of a ridiculous $75 charge for cleaning and other
lies,
and what is one supposed to do if the landlord takes a random cut on your
deposit which you know is without basis?
Please please tell me what I should do :(
Sleepless in VA
Get a copy of your state's tenant/landlord laws.
If that is in fact virginia, try this
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.15C1
and here
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC550000000130000200000
00
In general, if you rent by the month, written or verbal, then eviction will
be in writing with at least a 28 day notice.
The landlord can not evict the tenant without just legal cause.
Having an argument one day and being evicted the next is not a just legal
cause.
Nor is being told you must move out in less than those 28 days.
Here in this area, the practice is to give any where from 5 to 15 days
notice.
While the state law clearly states 28 days.
Then you wonder why the judge grants 28 days automatically?
If I had my way, every landlord would be licensed in the same manner as any
real estate agent is.
You're dealing with housing property, you damn well better understand the
laws.
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Richard and McGyver,
Thank you for your replies, I did in fact go through all the rental laws,
and it made me realize that it is mistake to stay there without paying rent,
even if he has illegally demanded an increased amount on the date that rent
was due, which was 8th june. And in as much as I refused to pay the rent at
all unless he agreed to accept the regular rent (which he didnt), I believe
he does have a right to an eviction. Right?
So anyway, I moved out yesterday night, 14th June, with all my stuff and
left the house in a perfectly clean condition, with a witness and pictures
to document it. The landlord quickly made his exit to avoid facing me when
I was moving my stuff and did not appear for over an hour while I waited to
hand him the keys. I told him I will be suing him in small claims court for
demanding increased rent without notice and harassment causing me to move
out and he pretended to smile. (now my question is whether I can or not?)
The eviction or move out is not the real problem with me, as It was a
nightmare to live there anyway, its the fact that he wanted to extort money
out of me with lies which has motivated me enough to go to court, even
though I cant afford it. He has also refused to return my deposit, claiming
that I moved out without notice. (isn't that circular reasoning?)
He seems convinced that since I refused to pay rent at all , the law is on
his side. But considering he raised it and I moved out immediately, am I not
safe?
Thanks a lot,
Sleeping better since the move out.
Ps. Here is a sample of the emails he sends me and the threats he tries:
My actions, you see will the results. I do not have to tell you what they
will be, what matters is the results. And results you will see. I just
happen to have a good friend and neighbor who works for immigration, I can
in a casual conversation mention your attitude. I am a US citizen. Your
immigration status will also be in jeopardy under the new Patriot Act. You
put yourself at wrong by not paying your rent. NOT ME. You are complaining
now because you are refusing to pay your rent and finding excuses for not
paying. Obviously you are a bad payer and transfer your problems to others.
Obviously you are used to sleep in unhealthy condition, you wanted to sleep
on the floor! Even my dog sleeps on a bed. You have poor, low hygiene,
manners. Not once you washed your hands before eating.
I have mentioned your situation to my neighbors and there are watching the
house and your every move. One of this neighbors is a Police officer. I must
also informed you that video cameras and sound recording devices have been
turned on and recording everything. You are now informed that what you said
and do will be recorded and used if need be. That is all around the
property outside and inside the house.
You cannot speculate of my intents regarding your security deposit, only of
course you did not want to pay your rent and intended to stay in my house
FREE of charge. Unfortunately you got caught in your game and now your are
mad.
The Law is on my side, either you pay now or later but you have to pay.
The choice is yours but I know what my next steps are. I will get my money
and you will get a record. Eviction process is VERY easy in Virginia and
stay in your record for a long time, it is part of your credir history for
many years. And the US Immigration has access to, we will make sure of that.
Get a copy of your state's tenant/landlord laws.
If that is in fact virginia, try this
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.15C1
and here
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC550000000130000200000
00
In general, if you rent by the month, written or verbal, then eviction
will
be in writing with at least a 28 day notice.
The landlord can not evict the tenant without just legal cause.
Having an argument one day and being evicted the next is not a just legal
cause.
Nor is being told you must move out in less than those 28 days.
Here in this area, the practice is to give any where from 5 to 15 days
notice.
While the state law clearly states 28 days.
Then you wonder why the judge grants 28 days automatically?
If I had my way, every landlord would be licensed in the same manner as
any
real estate agent is.
You're dealing with housing property, you damn well better understand the
laws.
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Richard and McGyver,
Thank you for your replies,
Here's a tip. Take any advice from "Richard" as you would any other raving
wino, standing at an intersection waving a cardboard sign. The only
experience Bullis has concerning evictions is as the Defendant.
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Richard and McGyver,
Thank you for your replies, I did in fact go through all the rental
laws,
and it made me realize that it is mistake to stay there without
paying rent,
even if he has illegally demanded an increased amount on the date
that rent
was due, which was 8th june. And in as much as I refused to pay the
rent at
all unless he agreed to accept the regular rent (which he didnt), I
believe
he does have a right to an eviction. Right?
Right
So anyway, I moved out yesterday night, 14th June, with all my stuff
and
left the house in a perfectly clean condition, with a witness and
pictures
to document it. The landlord quickly made his exit to avoid facing
me when
I was moving my stuff and did not appear for over an hour while I
waited to
hand him the keys. I told him I will be suing him in small claims
court for
demanding increased rent without notice and harassment causing me
to move
out and he pretended to smile. (now my question is whether I can or
not?)
You cannot successfully sue for demanding increased rent that you did
not pay.
The eviction or move out is not the real problem with me, as It was
a
nightmare to live there anyway, its the fact that he wanted to
extort money
out of me with lies which has motivated me enough to go to court,
even
though I cant afford it. He has also refused to return my deposit,
claiming
that I moved out without notice. (isn't that circular reasoning?)
He seems convinced that since I refused to pay rent at all , the law
is on
his side. But considering he raised it and I moved out immediately,
am I not
safe?
Thanks a lot,
Sleeping better since the move out.
Ps. Here is a sample of the emails he sends me and the threats he
tries:
My actions, you see will the results. I do not have to tell you what
they
will be, what matters is the results. And results you will see. I
just
happen to have a good friend and neighbor who works for immigration,
I can
in a casual conversation mention your attitude. I am a US citizen.
Your
immigration status will also be in jeopardy under the new Patriot
Act. You
put yourself at wrong by not paying your rent. NOT ME. You are
complaining
now because you are refusing to pay your rent and finding excuses
for not
paying. Obviously you are a bad payer and transfer your problems to
others.
Obviously you are used to sleep in unhealthy condition, you wanted
to sleep
on the floor! Even my dog sleeps on a bed. You have poor, low
hygiene,
manners. Not once you washed your hands before eating.
I have mentioned your situation to my neighbors and there are
watching the
house and your every move. One of this neighbors is a Police
officer. I must
also informed you that video cameras and sound recording devices
have been
turned on and recording everything. You are now informed that what
you said
and do will be recorded and used if need be. That is all around the
property outside and inside the house.
You cannot speculate of my intents regarding your security deposit,
only of
course you did not want to pay your rent and intended to stay in my
house
FREE of charge. Unfortunately you got caught in your game and now
your are
mad.
The Law is on my side, either you pay now or later but you have to
pay.
The choice is yours but I know what my next steps are. I will get my
money
and you will get a record. Eviction process is VERY easy in Virginia
and
stay in your record for a long time, it is part of your credir
history for
many years. And the US Immigration has access to, we will make sure
of that.
You can sue if he actually set up cameras. He probably didn't, and
even if he did, you probably can't prove it. It's possible that the
landlord has committed a crime by threatening deportation, if your
state laws are like mine. I don't know the laws of Virginia. In my
state, threatening a criminal action or administrative complaint or
anything like that, in order to settle or gain an advantage in a civil
case, is extortion. I don't know whether there is also a right to
sue. You have the right to sue for recovery of the security deposit,
minus the unpaid rent. That means you would recover zero.
McGyver
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In article <cakq48$3kp$1@murdoch.acc.Virginia.EDU>, Elan7eOwner says...
-- snip --
This situation has legal issues and practical issues.
The legal issues include whether the landlord constructively terminated the
original agreement by raising the rent without notice, whether he could do so
lawfully, whether you may be liable for rent for moving without notice, and
whether he is liable to you for failing to refund the deposit.
In my state, the landlord's threats to call the police and other agencies would
be an act of criminal extortion. This would also prevent him from prevailing in
any subsequent civil action under the "dirty hands" doctrine. I would strongly
suggest that you file a police report against this jerk.
The practical issues: You indicated that the landlord probably does not have the
money to refund your deposit. OK, so where is he going to come up with the funds
to pay for filing an action and having it served? He's already got your money
(the deposit) and it sounds like he has nothing more to gain from filing an
action against you.
You also indicated that you intend to leave the country in the near future. Is
it worth altering your plans over the issue of the deposit? If you sue him for
the deposit you stand the chance of losing. You will also lose a great deal of
time and have to lay out money to pursue a court action against him. There is
the possibility that you could lose such a lawsuit. My advice from a practical
standpoint is forget about the deposit and move on with your life.
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